ARTICLES

HUFFPOST PERSONAL

The Best Ways to Mediate Inheritance Disputes

When somebody close to you passes away, the last thing you want to think about is the fact that it could end in a lawsuit. How is this so? Unfortunately for many, inheritance disputes can become a reality. They may bring out the worst emotions and creates tension within the family where it is not needed. Costly and time-consuming lawsuits can only take away from the connection you feel with your family. So, how are some ways that you can deal with lengthy inheritance disputes and possibly lighten the load on yourself and your family?

Best Ways to Mediate

  • Can you address the problems in the relationship? Sometimes, addressing relationship problems can resolve money problems. When somebody seeks out a mediator, they are generally looking for someone who can help them with financial issue opinions. This is why it is extremely important for people to spend more time focusing on their fractured relationships that led to the disagreements and resolving these issues upfront.
  • The mediator can help focus on the “embarrassment” issue. Parties are often embarrassed to have ended up in a mediator’s office over a dispute. Because of this, there should be a personal connection established with the parties. This will help overcome reluctance to speak freely about all issues and get them out on the table when necessary.
  • Always respect the will. The contents of the will have been written for a reason – which is why you should always respect them. The will is a legally binding document and the executor must follow the directives as they appear. Perhaps you do not agree with the final wishes of the deceased; however, you should respect these decisions because they felt strongly about them and this is the point of the will. However, in some cases the will may not be very clear, which means that you will have to get clarification.
  • Be prepared for compromise. You can’t come into mediation without some forms of compromise. Everybody’s needs must be considered just as everybody’s needs will be different. How much do certain items mean to you? Why is that piece of jewelry worth fighting over and how can you resolve the issues at hand? You may “act out” in some ways when it comes to a loved one passing away, so carefully consider why something is important to you and what can be done about it. Everybody is dealing with the death on their own level, which means that you are all going through a similar situation and must be as understanding as possible.
  • Exhaust all options before heading for litigation. A trial can add exhaustion and panic to any situation, which is why mediation and arbitration are the best first options in this type of situation. Not only is this option cheaper, but also it can help save family relationships. This causes less stress and makes things much easier on both parties. Whether mediation or arbitration, with mediation being more conversation and arbitration being more binding, you may be able to come to a conclusion that works best for all of you.

If you need assistance during your mediation or arbitration, you can give us a call. At California Arbitration & Mediation Services, we are there for you every step of the way.

Articles by Don Cripe

What is Mediation | Conflict and Fear | Divorce is Emergency Surgery: Tumor Removal | Divorcing The ‘Character Disordered’: An Interview With Dr. George Simon | Mediation in Civil and Family Cases: The Care and Feeding of Trial Counsel

Articles by Soheila Azizi

What Are the Benefits of  Mediation?

 What Kinds of Disputes Can Be Mediated?

 Mediation is an alternative way in which to resolve a conflict. During mediation, the parties involved in the dispute meet with a neutral third party or mediator in order to discuss how the conflict can be resolved. The mediator can either meet with the parties individually or as a group and can make helpful suggestions to resolve the conflict. Some benefits of mediation are…..

 Most noncriminal disputes can be mediated, for example, a divorcing couple might mediate to work out a mutually agreeable child custody agreement, or estranged business partners might choose mediation to work out an agreement to divide their business. Nonviolent criminal matters, such as claims of verbal or other personal harassment, can also be successfully mediated.

Why Mediation Is A Great Option For Disputes Involving Children

 Summer is here and these will be some of the most crucial months in family disputes. This when the most cases come to court by divorced parents who want to make a decision on where their child or children will attend school…

Litigation is generally something people seek to avoid. It’s expensive,
time consuming, emotionally draining and unpredictable –- until a judge or
jury decides the case, you can never be certain of the outcome. Because
litigation is so inefficient for most of us, alternative dispute
resolution, such as arbitration and mediation, has become increasingly
popular. But before moving forward with possible alternative dispute
resolutions, you should first know the difference between arbitration and
mediation.